Bednarek v. Brotherhood of American Yeomen
Utah Supreme Court
Appeal from District Court, Third District; Hon. F. C. Loofbourow, Judge. Action by Lillian Bednarek against the Brotherhood of American Yeomen, a corporation. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS.
Read the full summary
Appeal from District Court, Third District; Hon. F. C. Loofbourow, Judge. Action by Lillian Bednarek against the Brotherhood of American Yeomen, a corporation. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. Where the insured warrants the truthfulness of his answer in his application for insurance; the validity of the policy depends upon the truth of said answers, but if such answers, or any of them, are false, the policy is thereby rendered void, whether the thing as denied in such application, contributed to the death of the insured or not. (E. H. of C. W. v. Pratt er, 103 P.…
1Opinion of the CourtMcCARTY, J.
(after stating the facts as above).
The defense in this action is based on the following grounds: (1) That plaintiff brought the action without first having submitted her claim to a board of arbitration, as provided in the certificate of membership; and (2) that the answers to questions Nos. 8, 15, and 17, which are set forth in the foregoing statement of the case, and which by the terms of the contract were made warranties, were false.
1 The record not only shows that defendant denied that it was under any obligation whatever to' pay plaintiff the death benefit provided for in the certificate…
2Cases cited18 opinions
- Connecticut Mutual Life Insurance v. Union Trust Co.Supreme Court of the United States · 1884
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- Meyer v. Fidelity & Casualty Co.Supreme Court of Iowa · 1895
- Billings v. Metropolitan Life InsuranceSupreme Court of Vermont · 1898
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Barnhart v. Civil Service Employees Insurance CompanyUtah Supreme Court · 1965
- Chadwick v. Beneficial Life Ins.Utah Supreme Court · 1919
- Braddock, by Smith v. Pacific Woodmen Life Ass'n.Utah Supreme Court · 1936
- Witherow v. Mystic ToilersUtah Supreme Court · 1916
- Barnhart v. Civil Service Employees Insurance CompanyUtah Supreme Court · 1965
5 more not listed; retrieve them via the Exa API.